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Supreme Court Reinstates Key Parts Of Trump's Executive Order - Foreign Affairs - Nairaland

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Supreme Court Reinstates Key Parts Of Trump's Executive Order by Biafrannuke: 9:12pm On Jun 26, 2017
High Court to allow the Trump administration's controversial travel ban to largely go into effect, while setting a hearing on the entire executive order for October; Doug McKelway reports from Washington



In a victory for the Trump administration, the Supreme Court on Monday lifted key components of an injunction against President Trump's proposed ban on travel from six majority-Muslim nations, reinstating much of the policy and promising to hear full arguments as early as this fall.

The court's decision means the justices will now wade into the biggest legal controversy of the Trump administration -- the president's order temporarily restricting travel, which even Trump has termed a "travel ban."


"Today's unanimous Supreme Court decision is a clear victory for our national security," Trump said in a statement. "...As President, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive."

He added: "My number one responsibility as Commander in Chief is to keep the American people safe. Today's ruling allows me to use an important tool for protecting our Nation's homeland."

The court made clear that a limited version of the policy can be enforced immediately with a full hearing to come in the Fall.

"An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country as a refugee can legitimately claim concrete hardship if that person is excluded,” the court wrote. “As to these individuals and entities, we do not disturb the injunction. But when it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.”


The justices decided to review the broader constitutional issues over executive authority on immigration with oral arguments to be held in the fall.

Trump has been incensed since his original executive order, signed on Jan. 27, was partially blocked by a federal court.

"What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions can come into U.S.?" Trump tweeted on Feb. 4.

He added on Feb. 11: "Our legal system is broken!"




In early March, Trump issued a revised executive order -- which also had key provisions blocked by federal courts.

Trump has been spoiling for the Supreme Court to take up the case and eager to get it out of the hands of what he sees as more liberal appellate judges.

Four days after signing the original ban, Trump nominated Neil Gorsuch to fill the Supreme Court seat vacated when Antonin Scalia died. Gorsuch, who has since been confirmed, is largely seen as a conservative, originalist justice in the Scalia mold and could help Trump claim an even more definitive victory after arguments.

“The Government has made a strong showing that it is likely to succeed on the merits – that is, that the judgments below will be reversed,” wrote Justice Thomas, supported by Alito and Gorsuch. “The Government has also established that failure to stay the injunctions will cause irreparable harm by interfering with its ‘compelling need to provide for the Nation’s security.’”

At issue is whether the temporary ban violates the Religion Clauses of the First Amendment, the Due Process Clause of the Fifth and 14th Amendments, and the ban on nationality discrimination in the issuance of immigrant visas contained in a 65-year-old congressional law.



Federal appeals courts in Virginia and California in recent weeks have ruled against the administration. A majority of the 4th Circuit appeals court cited then-candidate Trump's campaign statements proposing a ban "preventing Muslim immigration."

The White House, on the other hand, frames the issue as a temporary move involving national security. A coalition of groups in opposition call the order blatant religious discrimination, since the six countries involved have mostly-Muslim populations: Iran, Libya, Somalia, Sudan, Syria, and Yemen.

A major sticking point for the justices will be navigating how much discretion the president really has over immigration. Courts have historically been deferential in this area, and recent presidents dating back to Jimmy Carter have used their discretion to deny entry to certain refugees and diplomats -- including those from nations such as Iran, Cuba and North Korea.

A 1952 federal law -- the Immigration and Nationality Act, passed in the midst of a Cold War fear over Communist influence -- historically gives the chief executive broad authority.

"Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may, may by proclamation, and for such period as he shall deem necessary," Section 212 (f) of the law states, "suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."

In his opinion, Thomas criticized the majority for the compromise nature of Monday's ruling, indicating he would have allowed the order to be enforced in full. Thomas said he feared "the Court's remedy" would inspire a flood of new litigation.

"Today’s compromise will burden executive officials with the task of deciding -- on peril of contempt -- whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country," Thomas wrote. "The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a 'bona fide relationship,' who precisely has a 'credible claim' to that relationship, and whether the claimed relationship was formed 'simply to avoid §2(c)' of Executive Order No. 13780.”

http://www.foxnews.com/politics/2017/06/26/supreme-court-to-hear-trump-appeal-travel-ban-block.html

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Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by cutepaul(m): 9:12pm On Jun 26, 2017
Ok
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Biafrannuke: 9:14pm On Jun 26, 2017
God bless Biafra
God Bless America
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by ojobek: 9:34pm On Jun 26, 2017
Afonja and other enemies of Trump,food don done.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Nobody: 9:54pm On Jun 26, 2017
I pity notmypresident crew.
My to them since trump is not legitimate, then go against his illegitimate law and see him bundle you into his illegitimate prison. Let Muslim continue to resist, cos rght now trump is persisting.MAGA.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:18pm On Jun 26, 2017
beamtopola:
I pity notmypresident crew.
My to them since trump is not legitimate, then go against his illegitimate law and see him bundle you into his illegitimate prison. Let Muslim continue to resist, cos rght now trump is persisting.MAGA.
LUCASBALO WILL HAVE CARDIAC ARREST TONIGHTgrin
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:19pm On Jun 26, 2017
ojobek:
Afonja MUSLIMS and other enemies of Trump,food don done.
FIXED
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:33pm On Jun 26, 2017
schwarzkopf MUST BE SUFFERING FROM CARDIAC ARREST NOWgrin
queenofnepal gworochewinmaga
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by schwarzkopf(m): 10:35pm On Jun 26, 2017
mike404:
schwarzkopf MUST BE SUFFERING FROM CARDIAC ARREST NOWgrin

queenofnepal gworochewinmaga

Hey you son of perdition, f!!***k off my mentions or a great calamity befall your entire household.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Nobody: 10:36pm On Jun 26, 2017
mike404:
LUCASBALO WILL HAVE CARDIAC ARREST TONIGHTgrin
He is still observing Ramadan in Trumps country.
He better stand packing o.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:42pm On Jun 26, 2017
beamtopola:
He is still observing Ramadan in Trumps country. He better stand packing o.
LOL
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:47pm On Jun 26, 2017
schwarzkopf:


Hey you son of perdition, f!!***k off my mentions or a great calamity befall your entire household.
TOO MUCH SHOUTING IS NOT GOOD FOR YA HEALTH BRUH... THE EARLIER YOU REALIZE THAT TRUMP IS GONNA BE YA PRESIDENT ATLEAST FOR THE NEXT THREE YEARS THE BETTER FOR YA.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by mike404(m): 10:48pm On Jun 26, 2017
DAPUNCLINE HOW ARE YOU FEELING NOWgrin GBERAA HOW MARKET O
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by DaPuncline: 11:43pm On Jun 26, 2017
mike404:
DAPUNCLINE HOW ARE YOU FEELING NOWgrin GBERAA HOW MARKET O
Bros i no understand you o.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Lucasbalo(m): 12:12am On Jun 27, 2017
beamtopola:

He is still observing Ramadan in Trumps country.
He better stand packing o.
The same way Buhari will send your lineage packing from Nigeria. Just came back from visiting 3 countries while hunger is doing justice to you and your poverty ridden family.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by SalamRushdie: 2:43am On Jun 27, 2017
Lucasbalo:
The same way Buhari will send your lineage packing from Nigeria. Just came back from visiting 3 countries while hunger is doing justice to you and your poverty ridden family.

Hey Oga Lucas ..how have u been ..I see you are enjoying the new American growth ...welcome back sir.

Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Lucasbalo(m): 3:02am On Jun 27, 2017
SalamRushdie:


Hey Oga Lucas ..how have u been ..I see you are enjoying the new American growth ...welcome back sir.
Thanks Buddy. How are you doing ?.
Re: Supreme Court Reinstates Key Parts Of Trump's Executive Order by Nobody: 6:43am On Jun 27, 2017
Lucasbalo:
The same way Buhari will send your lineage packing from Nigeria. Just came back from visiting 3 countries while hunger is doing justice to you and your poverty ridden family.
I m a native here..you are not a native of usa , you are an illegal legal immigrant. You are black native americans are white.

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